Rachel Blakes

Burnham
Government
9 November 2014
Federalism and Assisted Suicide
Federalism is a system in which the power to govern is shared between the
state and federal governments. Federalism is subdivided into many forms including
dual federalism, creative federalism, cooperative federalism, fiscal federalism and
new federalism. In recent years many controversial issues involving federalism have
arisen, a big one being the idea of assisted suicide. Many citizens have been in an
uproar questioning the governments response and whether or not it is within their
implied powers to act interfere with this.
In Oregon, Washington and Vermont, they honor a Death with Dignity Law.
This law offers competent people who are terminally ill, the option to end their
suffering (their life) with the assistance of a medical professional. Most recently the
case of Brittany Maynard went very public. The 29-year-old newlywed was
diagnosed with a terminal brain cancer. She then took the necessary steps to
request and eventually utilize the prescription. As the nation was appalled by this
news, it was also divided on the governments stance and response to this situation.
Many believe that because in the constitution citizens are entitled to Life liberty
and the pursuit of happiness we are also entitled to not take advantage of these
rights. Meaning a right is something we can choose to take advantage of. Meanwhile
others believe that murder is a crime, and the involvement of another human being

in any capacity is homicide. While there are a host of moral and ethical arguments
involved, these do not directly affect the government position. The federal
governments involvement, or lack there of, in this situation, is an example of what I
would consider new federalism. New federalism is the transference of federal power
to the state government. Although the states have made a law, and that is within
their expressed power, in order to come to a conclusion on this law, an
interpretation of the constitution was required. Interpreting the constitution, and all
reserved powers is not a job of the state. For this reason I believe this is an example
of new federalism.
I believe that regarding assisted suicide, the federal government has
responded appropriately. They have appropriately exercised the new federalism
practice, and not over involved themselves. Because assisted suicide is such a
personal thing, and can really only be determined on an individual basis, I believe
the federal government did the right thing in leaving it in the hands of the states. I
believe that from this angle the government is performing within the boundaries of
its intended size and influence.